Marco regulatórios sobre o acesso ao patrimônio genético e ao conhecimento tradicional associado no Brasil

Abstract

The overall objective of the present study was to elaborate a manual detailing the methods of access to Genetic Heritage (PG) and Associated Traditional Knowledge (CTA). This was based on the current Brazilian legislation with the aim of disseminating this information amongst researchers, lecturers, managers and the academic community as a whole. This is especially important for the Universidade Federal do Triângulo Mineiro (UFTM), where the manual will be available on the site of the Núcleo de Inovação Tecnológica (NIT). The study has an inter and multidisciplinary approach, taking into account various areas such as environmental studies, biodiversity, biotechnology, biological sciences. The study will highlight the principal points of the Provisional Legislation n.º 2186-16/2001 (present legal framework) that details the forms of access to PG, access and protection of CTA, profit sharing and technology transfer. The study also discusses the proposed new legal framework (Project n.º 7735/2014), which was submitted to Congress in June 2014. It should be noted that due to a number of factors (imprecise wording, excessive bureaucracy, and judicial uncertainties), many research projects are paralyzed and this hinders the innovation process using the immense natural and biological resources available in Brazil. Bearing in mind that few people have any knowledge of the either PG or CTA, it can be concluded that the dissemination of the details of the legislation will provide useful information that will aid researchers and research institutions to legalize their research and avoid possible penalties.